Ordinance Number 1081
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ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING LAND USE ELEMENT, GENERAL PLAN (GPA 18-001), IN CONNECTION WITH REPEAL OF HISTORIC TOWN CENTER MASTER PLAN AND FORM-BASED CODE, AND REPEALING ALL PRIOR RESOLUTIONS AND ORDINANCES PURPORTING TO AMEND THE GENERAL PLAN WITH RESPECT TO THE HISTORIC TOWN CENTER MASTER PLAN
WHEREAS, in 2012, the City approved an update to the City’s 1995 Historic Town
Center Master Plan (“HTCMP”), establishing policies and recommendations for guiding
future development of the Historic Town Center (“HTC”), significantly expanding the
HTCMP area to encompass 150 acres of the City’s downtown area, and establishing a
Form-Based Code (“FBC”) to be used in the HTC area in lieu of the City’s existing Zoning
Code to implement the goals and polices of the 2012 HTCMP; and
WHEREAS, on April 3, 2012, the City Council implemented the 2012 HTCMP and
FBC with adoption of four resolutions and enactment of one ordinance, making certain
changes to the City’s General Plan and incorporating the FBC into the City’s Zoning Code
to be utilized in the HTC area only, but did not make certain key amendments to the
General Plan that were necessary to implement the 2012 HTCMP, resulting in
inconsistencies between the adopted 2012 HTCMP, the City’s General Plan, and the
FBC; and
WHEREAS, the City now proposes to remedy such inconsistencies by repealing
the 2012 HTCMP and FBC, as well as all prior resolutions and ordinances purporting to
amend the General Plan in accordance therewith, including but not limited to Resolution
No. 12-04-03-02, and revising the Zoning Code and General Plan Land Use Element to
replace the FBC (“Project”); and
WHEREAS, one example of inconsistency is that the 2012 HTCMP allows for a
Floor Area Ratio (“FAR”) range of 0.95:1 to 1.5:1 for the HTC area; whereas, the General
Plan’s existing FAR limit within the HTC area is 0.50:1; and
WHEREAS, one part of the Project’s method of reconciliation is to amend the
General Plan by increasing the FAR in the Town Center District and Town Center Edge
District within the HTC area to 0.75:1 and increasing the FAR to up to 1.5:1 for buildings
that include provisions for public gathering places; and
WHEREAS, to avoid confusion, any and all references to the HTCMP in the
General Plan should be deleted and replaced with the “Historic Town Center area” or
equivalent; and
WHEREAS, the City prepared an environmental impact report (“EIR”) that
analyzed the proposed Project’s environmental impacts in compliance with the provisions
of the California Environmental Quality Act (“CEQA”), including the proposed
amendments to the Land Use Element of the General Plan; and
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WHEREAS, the Planning Commission conducted a duly-noticed public hearing on
October 27, 2020 and again on November 10, 2020, to consider the proposed Project,
the EIR prepared to analyze the Project’s potential environmental impacts, and the
amendments to the Land Use Element of the General Plan, and afforded members of the
public an opportunity to comment upon the proposed Project, the EIR, and the proposed
amendments to the Land Use Element of the General Plan; and
WHEREAS, the Planning Commission adopted Resolution No. 20-11-10-02 and
Resolution No. 20-11-10-01 recommending that the City Council approve the General
Plan amendments, certify the EIR for the Project, and adopt Findings of Fact, a Statement
of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and
WHEREAS, the City Council has certified the EIR for the Project pursuant to CEQA
and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation
Monitoring and Reporting Program for the Project. The City Council hereby incorporates
by reference, as if fully set forth herein, Resolution No. 20-12-07-04 certifying the EIR and
adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program for the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby incorporates and adopts the foregoing
recitals and accompanying staff reports as findings as though they were fully set forth
herein.
SECTION 2. The City Council hereby finds and determines that all potential
environmental impacts of the Project, including the amendments to the General Plan,
have been fully analyzed in the EIR. No new or additional mitigation measures or
alternatives are required. There is no substantial evidence in the administrative record to
support a fair argument that the Project, including the amendments to the General Plan,
may result in any significant environmental impacts beyond those analyzed in the certified
EIR.
SECTION 3. The General Plan, Land Use Element, Table of Contents, is hereby
amended as follows:
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SECTION 4. The General Plan, Land Use Element, Introduction, is hereby
amended as follows:
SECTION 5. The General Plan, Land Use Element, Land Use Plan, Land Use
Classification System, Table LU-2, is hereby amended as follows:
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SECTION 6. The General Plan, Land Use Element, Land Use Plan, Land Use
Designations, Commercial Designations, is hereby amended to read as follows (additions
in red):
“3.01 Neighborhood Commercial: The Neighborhood Commercial land use
designation provides for a variety of retail, office, and service-oriented business
activities serving a local community area and population. Other uses that are
determined to be compatible with primary uses, such as public facilities, may also
be allowed. Neighborhood commercial land uses serve local areas and generally
include professional and business offices, retail and commercial services, and
public facilities. Site development standards for this land use designation
encourage smaller projects and provide for appropriate setbacks, parking,
landscaping, buffering from residential land use areas and other features which
create well-designed, attractive projects. The maximum intensity of development
is a floor area ratio of 0. 25: 1 and the average intensity of development is a floor
area ratio of 0.20:1.
“3.12 General Commercial: The General Commercial land use designation
provides for a variety of retail, office, and service-oriented business activities
serving a community-wide area and population, as well as broader market area.
Other uses that are determined to be compatible with primary uses, such as public
facilities, may also be allowed. General Commercial land uses serve local, as well
as broader market areas and generally include professional and business offices,
retail and commercial services. Site development standards for this land use
designation encourage larger tenant projects and provide for appropriate setbacks,
parking, landscaping, buffering from residential land use areas and other features
which create well-designed, attractive projects. The maximum intensity of
development is a floor area ratio of 0.50:1 and the average intensity of
development is a floor area ratio of 0.30:1. Adjacent to Mission San Juan
Capistrano in the area identified as the historic downtownIn the Town Center (TC)
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and Town Center Edge (TCE) Districts, the maximum and average floor area ratio
shall be 0.75 and up to 1.5 FAR for building(s) providing public gathering space(s),
considered for the whole area and not for individual parcelsas defined in the Land
Use Code.”
SECTION 7. The General Plan, Land Use Element, Land Use Plan, Development
Capacity, Table LU-4, is hereby amended as follows:
SECTION 8. The General Plan, Land Use Element, Figure LU-4, is hereby deleted
in its entirety as follows: